S.T. WOOTEN CORP. v. FRONT STREET CONST.

No. COA11-649.

719 S.E.2d 249 (2011)

S.T. WOOTEN CORPORATION, Plaintiff, v. FRONT STREET CONSTRUCTION, LLC; Hillsborough Residential Associates; Eyc Hillsborough, LLC; K & S Hillsborough Residential, LLC; Colonial Bank, N.A.; and Dawn Helms Sharff, Trustee, Defendants.

Court of Appeals of North Carolina.

December 6, 2011.


Attorney(s) appearing for the Case

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, by Peter J. Marino , Matthew G.T. Martin , and Tobias R. Coleman , for plaintiff-appellant.

Nicholls & Cramp ton, P.A., Raleigh, by W. Sidney Aldridge , for defendants-appellees.


MARTIN, Chief Judge.

In October 2006, the Harlton Tate McKee Revocable Trust ("McKee Trust") sold certain real property in Orange County to Hillsborough Residential Associates ("Hillsborough"). The deed, recorded on 4 October 2006, mistakenly described the estate conveyed as "one-half fee simple interest" in the property rather than the entire undivided fee simple interest contemplated by both parties.

In February 2007, Colonial Bank made a construction loan...

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